High Courts Archives

‘Procedure under S. 174 BNSS not followed’: Karnataka High Court quashes criminal proceedings in ‘Matka’ gambling case

“It is to be noted that even though Nagarik Suraksha Sanhita, 2023 came to force from 1-7-2024, till today no rules are framed by the State. It is expected that State would take necessary steps in this regard at the earliest.”

Case Briefs High Courts

Refusing physical relations, accusing husband of affairs and humiliating him in front of his friends/employees is cruelty: Bombay HC

“The wife was not seriously interested in reconciliation and there was no evidence indicating withdrawal of the husband from her society without reasonable cause and her claims of the husband demanding divorce during their cohabitation were not substantiated by cogent evidence.”

Case Briefs High Courts

‘Mystery behind missing kidney’; Punjab and Haryana HC directs police probe into suspicious death of 22-year-old girl with missing kidney at HMC Hospital

“It is not under dispute, rather it is clearly voiced in the post-mortem report that, the left kidney of the deceased was not traceable. The truth behind this missing kidney is yet a mystery, which has never been inquired or investigated into.”

Case Briefs High Courts

Madras HC sets aside seizure order for non-compliance with S. 115(4) of Trade Marks Act; Orders interim release of 1,350 rice bags

“Section 115(4) of the Trade Marks Act, 1999 mandates the police to obtain the Registrar’s opinion before conducting a seizure under the Trade Marks Act. However, there was no record evidencing such mandatory consultation. The failure to comply with this statutory requirement vitiated the seizure proceedings and amounted to a jurisdictional error.”

Case Briefs High Courts

Complainant’s refusal to undergo medical exam despite alleging sexual assault weakens prosecution’s case: Delhi HC grants anticipatory bail to accused

The complainant, being a well-educated woman, preparing for Ph.D. entrance, cannot be considered a gullible or uninformed individual, and her conscious refusal to undergo medical examination despite the nature of allegations, is a relevant factor in the investigation.

Case Briefs High Courts

‘Clear case of malfeasance by the Returning Officer’: Uttaranchal HC stays disqualification of Pradhan candidate over toilet location

“Right to contest the elections is a statutorily guaranteed right, and the same cannot be denied in a completely arbitrary manner and which prima facie appears to be illegal.”

Claiming Wilful Transaction as Cyber Fraud

Case Briefs High Courts

‘Burden of proving customer’s liability in unauthorized e-banking lies upon bank’; Allahabad HC denies relief to businessmen claiming wilful transaction as cyber fraud

“It can be discerned that there has been no embezzlement of funds as every transaction was within the knowledge of petitioners.”

Case Briefs High Courts

Employer liable when former employee forced to reveal defamatory termination reasons; Delhi HC directs Wipro to pay damages for defamation

Where the defamatory statement is repeated by the plaintiff while responding to employment inquiries or during job interviews, the defendant’s liability does not stand extinguished. Where the plaintiff has no meaningful choice but to disclose the defamatory rationale to prospective employers, such compelled republication imposes continuing responsibility upon the defendant.

Case Briefs High Courts

Elephant’s survival and right to quality life is above men’s right to use it for religious rites: Bombay HC

The Court stated that the petitioner fails to clarify how Mahadevi elephant was injured, but the likely cause is the placement of a heavy howdrah, which is used to carry people and loudspeakers during processions. This continued treatment is callous and brutal, and elephants do not deserve to be used to ferry weight humans and equipment.

Case Briefs High Courts

Delhi High Court directs MCD to act against unauthorized construction in Paharganj; Directs police to prevent further violations

The core issue in the case was the ongoing unauthorized construction at a property in Gali No. 9, Chuna Mandi, Paharganj, Delhi. The petitioner sought court directions to halt the illegal activity and ensure enforcement.

Case Briefs High Courts

Bombay High Court dismisses PIL in Kolhapuri Chappal GI violation case against PRADA; Upholds proper statutory remedies

“Both the registered proprietors are well equipped to protect their rights flowing from registered GI in Kolhapuri Chappals by bringing action against PRADA, if they believe that PRADA is unauthorisedly using the registered GI.”

Case Briefs High Courts

Read why Gujarat HC upheld acquittal in SC/ST Atrocity Case over absence of ‘public view’ and ‘intentional insult’

“In an acquittal appeal if other view is possible, then also, the appellate court cannot merely substitute its view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, palpably wrong, manifestly erroneous or demonstrably unsustainable.”

Case Briefs High Courts

In absence of Waqf Tribunal, Civil Courts have jurisdiction to entertain waqf disputes: J&K and Ladakh HC

“Even in a case where there is an express bar for exercising jurisdiction by the civil courts, the consideration as to the scheme of the statute in question and the adequacy or sufficiency of the remedy provided, is permissible in law.”

Case Briefs High Courts

‘Domestic Violence Act does not distinguish between first and subsequent marriage for maintenance’; Delhi HC upholds Rs 1 lakh per month maintenance

Once the husband had voluntarily accepted the wife and her kids from her previous marriage, he could not subsequently use that as a defence to resist his statutory obligation of paying maintenance.

Case Briefs High Courts

Madras High Court: Protest is not meant for fun; cannot be held at whims and fancies of political parties

Public places are basically meant for public use and while protesting in such places is a valuable democratic tool, no person can claim that he should be allowed to protest repeatedly at the same place without restrictions.

Case Briefs High Courts

‘Entitled to safeguard his privacy’; Bombay HC grants interim relief to Sonu Nigam against impersonation by Sonu Nigam Singh on ‘X’

“Sonu Nigam Singh’s actions could not be considered innocent, and the misrepresentation caused among members of the general public was not a matter of coincidence and thus his conduct was ex facie dishonest and reeked of mala fide.”

Case Briefs High Courts

Mother is natural guardian after father’s death unless proven unfit or adversely interested: Bombay HC

“Merely because grandparents or other relatives had nurtured the child for some period, the natural guardian cannot be denied right of custody of child unless it is shown that welfare of minor would be jeopardise.”

Case Briefs High Courts

‘Inhumane and unsympathetic behavior by police’; Madhya Pradesh HC directs Rs 41 Lakh compensation to yoga instructor sexually harassed by LNIPE VC

“Police authorities are responsible for not taking action in time on the complaint made by the petitioner as they waited for three long years to register the crime, that too after directions of the Supreme Court, which had added to the agony of the petitioner.”

Case Briefs High Courts

Read how ‘internalised misogyny’ led Madras HC to reduce sentence of women convicted for abetting minor girl’s suicide

The counsel submitted that considering the social background of all parties involved, as they were living in the vicinity where relatives and neighbours do not hesitate to intervene in each other’s affairs, it cannot be said that the appellants spoke to encourage the minor girl in committing suicide.

Case Briefs High Courts

Section 12 JJ Act | Serious nature of offence not a ground for denying bail to Juvenile: Patna High Court

“As per Section 12 of the Act, bail to the Juvenile is a rule and refusal of the same is an exception.”